A Legal Guide to Sexual Harassment Laws At Workplace

INTRODUCTION

Sexual harassment involves any kind of unwelcome behaviour of a sexual nature. This type of harassment can take place with either of the genders and not just limited to females. It’s not about fun or friendship but involves the abuse of power. It is to be kept in mind that different persons respond differently in given situations. What may seem like an innocent comment or action to some person may be deemed offensive or derogatory to another. It is to be kept in mind that not all the time do females constitute to be the victim of sexual harassment. It is estimated that 50% of women employed in workplaces have been subjected to some kind of harassment be it physical or mental. It does not just happen with women working in large offices or with a predominant male environment but can also take place in any office irrespective of age, gender or community. The landmark judgment laid down by the Supreme Court in “Visakha vs State of Rajasthan, 1997” changed the scenario of women employed in workplaces. The employers now can face heavy charges against themselves if they fail to prevent sexual harassment at their offices. The rule is laid down by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

WHAT CONSTITUTES SEXUAL HARASSMENT

Sexual harassment at workplace results in the violation of Article 14 and 15 of the Constitution of India which guarantees the right to equality and freedom to all the citizens throughout the country. It also leads in the violation of Article 21 of the Constitution which provides that every citizen has the right to live and that he has the absolute right of leading that life with dignity. Article 21 ensures that every person has an absolute right of practicing any profession with dignity. There are certain actions which constitute a hostile work environment such as:

Quid Pro Quo Sexual Harassment (This for that)

This type of harassment occurs when a designated senior takes advantage of his seniority and asks a junior or subordinate to perform any such task or maybe through his words puts the subordinate in a position wherein he/she might not feel actually comfortable. The subordinate has no option other than to follow the commands of his senior and thus becomes a victim of harassment. In return, the senior might promise something to the junior but the junior nevertheless becomes a victim of harassment.

Creating a Hostile Work Environment

A hostile work environment is created when an employee repeatedly performs such actions which in their very nature are explicit or prohibited to be performed in the work place. Some of these actions might be:

Comments about someone’s appearances.

Indecent remarks

Questions about someone’s sex life

Requests for sexual favours.

Sexual demands made by a senior thereby taking an advantage of his position.

Promises or threats made to someone concerning his employment conditions in return of sexual favours.

COMPLIANCES UNDER SEXUAL HARASSMENT ACT, 2013

There are various compliances which the organizations nowadays have to follow for ensuring a better and a safe work environment for each of their employees. Some of the compliances are:

An Internal Complaints Committee(ICC) needs to be formed by every organization which has employed 10 or more than 10 people. This compliance is important because this allows even a third party like a contractor to sue the organization for any sort of harassment if it happened with him in the office.

The organization’s anti harassment policy needs to be in conformity with the new law. It means that if there is any amendment made in the act then the organization’s policy needs to be amended accordingly such as the definitions or the clauses.

The employment contracts of the employees must hold a separate clause wherein it is clearly mentioned that the employees will be bound and held liable if they are being caught for any act coming under the definition of sexual harassment.

The offices need to display conspicuously notices and pictures of the penal provisions that might result as the penalty of any sexual harassment at the work place.

If any employee is found to be harassed by some other person within the office then proper help and support must be given to the victim and he/she should be properly supported in initiating a legal claim against the offender.

The Internal Complaints Committee must be well equipped with information and measures to help any victim of such harassment at all times.

CONCLUSION

Before the judgment in Visakha vs State of Rajasthan, our country did not have any strict norms for the protection and safeguarding of females at the workplace. Instead, no one paid any heed towards it because it was considered to be an inherent part of the job. But with time, the authorities came to their senses and realized that such kind of acts cannot be allowed to take place in the work environment. Be it a male or a female, both of them need to be ensured about their safety and security within the four walls of their organization. The induction of Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013 has ensured that the big organizations induce the clause of no sexual harassment in their company policies.

Most Consulted Corporate Law Advocates

Advocate Ashok Jain is one of the best lawyers in Nashik on our platform and has an experience of almost 30 years in bag. He has been practicing judiciously and handling cases independently with a result oriented approach, both professionally and ethically in District Court Nashik. He is also a member of Nashik Court Bar Association.
He is professionally dealing with the cases in the field of law pertaining to Civil Litigation, Consumer Protection and Criminal Defense.
Advocate Ashok Jain has been enriched with the implementation of latest case study and research. His approach to all his clients is in providing practical and legal solutions to all their cases. He is always aware of his social responsibilities and is always ready to help under privileged people safeguarding their legal rights.

Advocate Dharmendra Damani is a Mumbai based lawyer and has been practising law since 2013. He has been providing legal and advisory services as an independent lawyer and as a partner of Damani & Damani Advocates and Legal Consultants firm. Advocate Dharmendra Damani got enrolled with the Bar Council in the year 2013.
He has acquired his legal education at Mumbai University and holds extensive experience in working in the most complex areas of Banking, Civil Litigation, Consumer Protection, Corporate Law, Corruption, Criminal Defense, Divorce & Alimony. He holds experience in efficiently handling varied cases and often makes appearances across Central Administrative Tribunal (CAT) Mumbai, City Civil Court Mumbai, Consumer District Forum Mumbai, Debts Recovery Tribunal (DRT) Mumbai, District Court Mumbai, District and Sessions Court Mumbai, Family Courts Mumbai.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Dharmendra Damani is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Mohit Arora is a Delhi based lawyer and has been providing legal services for around a decade now. He boasts of a great litigation record and is a known name in the fraternity.
He primarily handles Arbitration Matters, Civil Matters, Revenu and Recovery matters, criminal cases and consumer protection cases. Advocate Arora also has a knack for drafting and vetting of legal agreements as well.
He got himself enrolled with Bar Council Delhi in 2008. He is also a member of verious Bar Associations.

Advocate Tanuja Mahajan is a Delhi based lawyer and has been practising law since 2014. She has been providing legal and advisory services as an independent lawyer. Advocate Tanuja Mahajan got enrolled with the Bar Council in the year 2014.
She has acquired her legal education at Campus Law Centre Delhi University and holds extensive experience in working in the most complex areas of Cheque Bounce, Child Custody, Civil Litigation, Corporate Law, Criminal Defense and Divorce & Alimony. She holds experience in efficiently handling varied cases and often makes appearances across Delhi High Court, District Court Dwarka, District Court Patiala House, District Court Rohini, District Court Saket and District Court Tis Hazari.
She avidly believes in achieving the objectives of her client with compassion and accurate advocacy. Advocate Tanuja Mahajan is known for providing timely and responsive legal services for her clients by providing them with the most expeditious legal course of action.

Advocate Anjani Kumar Jha holds expertise in fields of family matters, civil matters, labour and service related matters, constitutional matters, arbitration matters, corporate matters, recovery matters, criminal laws and drafting and vetting of various agreements and documents.
He has been practicing judiciously and serving the legal fraternity in Patna High Court for more than 9 years. He is the member of the Patna High Court Advocates Association.
Advocate Anjani Kumar Jha has been enriched with the implementation of latest case study and research. His approach to all his clients is in providing practical and legal solutions to all their cases. He is always aware of his social responsibilities and is always ready to help under privileged people safeguarding their legal rights.

Advocate Raja Satyajit Banerjee is a Kolkata based lawyer and has been practising law since 2001. He has been providing legal and advisory services as an independent lawyer. Advocate Raja Satyajit Banerjee enrolled with the Bar Council in the year 2002.
He has acquired his legal education at University of Calcutta and holds extensive experience in working in the most complex areas of Arbitration, Civil Litigation, Corporate Law, Criminal Defense, Divorce & Alimony, Family Law and RERA. He holds experience in efficiently handling varied cases and often makes appearances across Armed Forces Tribunal (AFT) Kolkata, Company Law Board Kolkata, District Court Kolkata City Civil Court, District Court Kolkata City Session Court and Kolkata Consumer Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Raja Satyajit Banerjee is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Top Consulted Corporate Law Advocates

Advocate Ashok Jain is one of the best lawyers in Nashik on our platform and has an experience of almost 30 years in bag. He has been practicing judiciously and handling cases independently with a result oriented approach, both professionally and ethically in District Court Nashik. He is also a member of Nashik Court Bar Association.
He is professionally dealing with the cases in the field of law pertaining to Civil Litigation, Consumer Protection and Criminal Defense.
Advocate Ashok Jain has been enriched with the implementation of latest case study and research. His approach to all his clients is in providing practical and legal solutions to all their cases. He is always aware of his social responsibilities and is always ready to help under privileged people safeguarding their legal rights.

Advocate Dharmendra Damani is a Mumbai based lawyer and has been practising law since 2013. He has been providing legal and advisory services as an independent lawyer and as a partner of Damani & Damani Advocates and Legal Consultants firm. Advocate Dharmendra Damani got enrolled with the Bar Council in the year 2013.
He has acquired his legal education at Mumbai University and holds extensive experience in working in the most complex areas of Banking, Civil Litigation, Consumer Protection, Corporate Law, Corruption, Criminal Defense, Divorce & Alimony. He holds experience in efficiently handling varied cases and often makes appearances across Central Administrative Tribunal (CAT) Mumbai, City Civil Court Mumbai, Consumer District Forum Mumbai, Debts Recovery Tribunal (DRT) Mumbai, District Court Mumbai, District and Sessions Court Mumbai, Family Courts Mumbai.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Dharmendra Damani is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Mohit Arora is a Delhi based lawyer and has been providing legal services for around a decade now. He boasts of a great litigation record and is a known name in the fraternity.
He primarily handles Arbitration Matters, Civil Matters, Revenu and Recovery matters, criminal cases and consumer protection cases. Advocate Arora also has a knack for drafting and vetting of legal agreements as well.
He got himself enrolled with Bar Council Delhi in 2008. He is also a member of verious Bar Associations.

Advocate Tanuja Mahajan is a Delhi based lawyer and has been practising law since 2014. She has been providing legal and advisory services as an independent lawyer. Advocate Tanuja Mahajan got enrolled with the Bar Council in the year 2014.
She has acquired her legal education at Campus Law Centre Delhi University and holds extensive experience in working in the most complex areas of Cheque Bounce, Child Custody, Civil Litigation, Corporate Law, Criminal Defense and Divorce & Alimony. She holds experience in efficiently handling varied cases and often makes appearances across Delhi High Court, District Court Dwarka, District Court Patiala House, District Court Rohini, District Court Saket and District Court Tis Hazari.
She avidly believes in achieving the objectives of her client with compassion and accurate advocacy. Advocate Tanuja Mahajan is known for providing timely and responsive legal services for her clients by providing them with the most expeditious legal course of action.

Advocate Anjani Kumar Jha holds expertise in fields of family matters, civil matters, labour and service related matters, constitutional matters, arbitration matters, corporate matters, recovery matters, criminal laws and drafting and vetting of various agreements and documents.
He has been practicing judiciously and serving the legal fraternity in Patna High Court for more than 9 years. He is the member of the Patna High Court Advocates Association.
Advocate Anjani Kumar Jha has been enriched with the implementation of latest case study and research. His approach to all his clients is in providing practical and legal solutions to all their cases. He is always aware of his social responsibilities and is always ready to help under privileged people safeguarding their legal rights.

Advocate Raja Satyajit Banerjee is a Kolkata based lawyer and has been practising law since 2001. He has been providing legal and advisory services as an independent lawyer. Advocate Raja Satyajit Banerjee enrolled with the Bar Council in the year 2002.
He has acquired his legal education at University of Calcutta and holds extensive experience in working in the most complex areas of Arbitration, Civil Litigation, Corporate Law, Criminal Defense, Divorce & Alimony, Family Law and RERA. He holds experience in efficiently handling varied cases and often makes appearances across Armed Forces Tribunal (AFT) Kolkata, Company Law Board Kolkata, District Court Kolkata City Civil Court, District Court Kolkata City Session Court and Kolkata Consumer Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Raja Satyajit Banerjee is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

I have blank cheques given to me by a partnership firm. Since they owe me some money which I had given to them as a loan. Besides the cheques and the statement of accounts. I do not have anything else. Suppose one day, I suddenly get to know that they have closed the partnership firm and dissolved it. Can I deposit the cheques and legally raise a claim on them and how?

I joined a partnership firm in 1999. In 2011 this Partnership converted to a Private Limited Company. Now the company is calculating gratuity in 2 parts. 1999-2010 and from 2011-2018. Yet, no gratuity has been settled at the time of conversion nor any documents have been provided. Still, we are not enrolled for PF or ESI. Management and other things are same there has only been a conversion to Pvt Ltd company. Is it right to calculate gratuity in 2 parts? My salary was rs. 10,000 in 2010 and now its 25,000. The company is calculations are amounting Rs. 51000 for the first part and 1.60 lacks for the 2nd part.
I am asking for calculating collectively for all years = 19 years, and as per that my Gratuity should be calculated in full part only from 1999-2018 (~2.6lac).

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